Legal Question in Personal Injury in California

Re: Now that I know the Policy Limits I

THere are several different options. First, the parent of a minor has liability for minor's actions in California to a maximum amount of $25,000. Thus, the parent may have automatic liability. Further, if there are negligent entrustment issues, the parents may have further liability greater than the $25,000 limit on this theory.

Additionally, just because the policy limit is $100,000 does not mean that you have to settle for this amount. If the at-fault person has assets you can sue and obtain and collect on a judgment in excess of the policy limits.

You really need to sit down and talk over complete facts of your case to get accurate information and legal opinion.

Call and ask for me, Caleb Donner 805-494-6557 or e-mail: [email protected].

web-site: www.donnerlaw.com

Re: Now that I know the Policy Limits I

There was a case in as I recall, Alameda County, about 20 years ago where the parents were found liable for an adult son. In that case the adult son was alcoholic. The parents knew of his condition and purchased him an automobile. He was driving this automobile when he hit the other vehicle.

In that case the conduct of the adult son was considered outrageous, and that but for the parents he would not have been driving.

You need to talk with an attorney and present the evidence about her driving.

Re: Now that I know the Policy Limits I

You might be able to prove father negligently entrusted vehicle to his daughter if he had knowledge or should have klnown she was a poor or irresponsible driver. For a free consultation, please call 1-800-677-1010. Keith Knochel.

Re: Now that I know the Policy Limits I

No attorney should ethically take your case and a full fee with you getting nothing. I would try to work out some sort of an arrangement where you get something out of the settlement for your injuries.

Options could include the attorney reducing his fee, any applicable health insurance paying some of the bills and your attorney negotiating or reducing the hospital/medical bills.

Concerning the father and daughter In California, the registered owner of a vehicle (presumably the father) is only legally responsible for $15,000 per person for injuries and $5,000 per person for property damage. If the policy limit on the vehicle is more than the state minimum law, which is pretty much the extent of the insurance coverage available, there could be a potential underinsured motorist claim with your own company but you will need uninsured motorist limits of over $100,000 on your own policy. Generally, you cannot impute the negligence of the driver to the registered owner. However, there is a separate cause of action called Negligent Entrustment but I would need to know more about the facts of the case, the daughter's driving history and the father's awareness of certain facts.

If you are represented by an attorney, you should discuss these issues in more detail with your own attorney. If you are not represented, please call my office number area code (714) 963-5123 so I can give you a more specific and personal evaluation by telephone. If you call and I am not in, please leave a day and evening number so I can get back to you.

Once again, thank you for directing your question to my office.

Sincerely,

Sam M. Eagle, Attorney at Law, 10101 Slater Avenue, Suite #218, Fountain Valley, California 92708; fax number- (714) 964-9993; telephone number 714) 963-5123

e-mail address: [email protected]

Re: Now that I know the Policy Limits I

Assuming the defendant has no significant personal assets to warrant continuing the action, and his parents are not responsible for negligent entrustment, you might consider talking to a bankruptcy attorney. It may be possible (if you qualify) to file bankruptcy to discharge the medical bills and retain the settlement as an exempt asset. Good luck.